House Small Business Subcommittee on Health & Technology Holds Hearing on the ACA Provision Defining 30 Hours as “Full Time”NAHC Submits Testimony Addressing Consequences for Home Care & Hospice and Urges Support for Legislation Defining Full Time as 40 Hours

The House Small Business Committee Subcommittee on Health & Technology recently held a hearing entitled, “The Effects of the Health Law’ Definition of Full-Time Employee on Small Businesses.” The subject of the hearing was a provision in the Affordable Care Act (ACA) that would define a “full time” employee as a person who works 30 hours a week rather than 40 hours a week, which is the standard definition of a “full time worker” in most cases.

Currently the provision in the ACA that imposes penalties on employers with more than 50 full-time equivalent employees for not providing health insurance for their “full time” workers defines an employee working just 30 hours a week as full time. This definition of full time is entirely out-of-keeping with standard employment practices across the country.

Raymond J. Keating, Chief Economist, Small Business & Entrepreneurship Council; Steven Hermann, Vice President, Paul's Supermarket, Inc.; Stephen Bienko, President, Owner, Bienko Enterprises and Dean Baker, Co-Director, Center for Economic and Policy Research served as the hearing’s four witnesses and represented both industries that would be affected by the 30 hour provision as well as policy experts who shared differing opinions on what the true effect of the 30 hour rule would mean.

Tom Rath to Address Attendees During the 2013 Annual Meeting on Friday, November 1st2013 NAHC Annual Meeting & Exposition General Session Speakers Announced

Tom Rath is one of the most influential authors of the last decade. He studies the role of human behavior in health, business, and economics. Rath writes and speaks on a wide range of topics, from well-being to organizational leadership.

Rath’s latest book, Eat Move Sleep: How Small Choices Lead to Big Changes, is already receiving critical acclaim as a “transformative work.” His roadmap for “leading a long and meaningful life” is the latest of several international bestsellers including the #1 New York Times bestseller, How Full Is Your Bucket? In total, his books have sold more than 5 million copies, been translated in 16 languages, and made over 250 appearances on the Wall Street Journal’s bestseller list.

Rath serves as a senior scientist and advisor to Gallup, where he previously spent 13 years leading the organization’s work on employee engagement, strengths, and well-being. He also served as vice chairman of the VHL cancer research organization. He earned degrees from the University of Michigan and the University of Pennsylvania, where he is now a regular guest instructor. Rath and his wife Ashley, along with their two children live in Arlington, Virginia.

Last week, legislation was introduced that would limit Medicare payment when a home health agency exceeds certain threshold limits on the average number of episodes of care. The proposed limits would be 2.7 episodes of care in non-rural areas and 3.3 episodes in rural areas. These limits would be applied in the aggregate rather than to individual patients. NAHC opposes this legislative proposal.

The bill, H.R. 3245, was introduced by Congressman Brett Guthrie (R-KY) and Congressman Jim Matheson (D-UT). Both congressman serve on the House Energy and Commerce Committee, which shares jurisdiction over Medicare Part B with the House Ways and Means Committee. Home health care is a benefit under both Medicare Part A and Part B.

Ostensibly, the proposed legislation is intended to be a program integrity measure designed to control fraud, waste and abuse. NAHC shares congressional concerns on program integrity but does not see this legislative idea as a good way to address any such concerns.